Additional Custody Point

An additional custody status point can be assigned if:

  1. The current offense is found on the Sex Offender Grid at Severity Level A-G.
  2. The offender is under custody status for an offense on the Sex Offender Grid at Severity Level A-G.
    • If the current offense was committed between August 1, 2006 and July 31, 2007, the additional point will be assigned if the offender is on probation, supervised release, or conditional release for a prior qualifying sex offense.
    • If the current offense was committed on or after August 1, 2007, the additional point will be assigned if the offender is on any type of applicable custody as defined by Guidelines § 2.B.2.

Examples:

#1 The current offense is Failure to Register and the offender is on probation for a Stay of Execution for Terroristic Threats.

#2 The current offense is Possession of Child Pornography. The offender pled guilty on a separate Possession of Child Pornography offense and is released pending sentencing.

#3 The current offense is Possession of Child Pornography and the offender pled guilty and is released pending sentencing on a Failure to Register offense. 

Key Point 3 Key Point: Remember when determining whether or not you can assign the additional custody point:

  • The second point only applies to Severity Levels A-G. Although Failure to Register is found on the Sex Offender Grid, it is ranked at Severity Level H and therefore not eligible for an additional custody point.
  • Always determine if an offender is eligible for the first custody point before making the determination if the offender should be assigned the additional point.